Divorce Questions & Answers

Q: I want know how long a divorce goes if the we agree to what we want and worked that out. Is there a 90 day divorce?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 16, 2017

Is your name on a mortgage or equity loan? If it is, you may be making a big mistake by not having a written agreement outlining the terms and conditions of your property distribution. Same goes with the car if both of you are on a loan for it. Otherwise, as long as you complete the court paperwork correctly and file everything correctly, you should be able to complete everything within 5 months. Even if you need a written agreement, it doesn't have to take more time than that. You really...
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Q: I got divorced in 2007 but I never went back to my maiden name. Can I go back to my maiden name now without a new case?

1 Answer | Asked in Divorce for Florida on
Answered on Aug 16, 2017

I believe you could. Re-open the case, file a Motion to Reinstate your Maiden Name and notice it for a hearing. Good luck.
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Q: In Massachusetts what motions can you file for a person that file taxes and left the other party owing money to irs

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Answered on Aug 16, 2017

The question of the liability allocation for taxes is part of the divorce proceeding. Your counsel should be made aware of what took place to generate this tax bill.
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Q: I have two questions concerning IRS treatment of Colorado maintenance.

2 Answers | Asked in Divorce and Tax Law for Colorado on
Answered on Aug 16, 2017
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Q: This one is thought provoking. I have two attorneys on two separate civil matters. They disagree but the matters are....

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Illinois on
Answered on Aug 16, 2017

This site is designed to give general info to the public, and not specific legal advice. Aside from that, you have not provided enough facts to enable us to give you a responsible answer. Most of all, it is improper for any of Justia's cooperating attorneys to venture an opinion based upon the fact that you are already represented. Your attorneys know all of the facts, we don't. The best answer to your question must come from them.
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Q: My spouse admitted adultery. We attempted to reconcile. It didn't work......In Virginia do I still have to wait 1 year

1 Answer | Asked in Divorce for Virginia on
Answered on Aug 16, 2017

There is no required separation period for a divorce on the grounds of adultery. However, practically speaking, there will be several months before the court can hear the case. Other fault grounds, e.g., cruelty and desertion, require the act and a one-year separation. No-fault divorce with children requires a one-year period of separation.

Reconciliation/cohabitation can condone or forgive past adultery. If the reconciliation fails, the condoned adultery cannot be used as the grounds...
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Q: Hi, my ex and I divorced after 29 years of marriage November 2016. Simple divorce. Alimony was not done official with

1 Answer | Asked in Divorce, Bankruptcy and Foreclosure for Florida on
Answered on Aug 15, 2017

Based on the information you provided, unfortunately, you cannot go back to court as you filed for and obtained a Simplified Divorce. One of the requirements of a simplified divorce, is that you both forever waive your rights to alimony from the other.
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Q: Can a default be filed when all divorce paperwork was not submitted by respondent?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Aug 15, 2017

A motion for default is an option.

Florida Rules of Civil Procedure, Rule 1.500 provides in pertinent part that:

"... (b) ... When a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or any applicable statute or any order of court, the court may enter a default against such party; provided that if such party has filed or served any paper in the action, that party shall be served with notice of the application for...
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Q: We are switching physical custody of kids from me to my ex. Do I count his support as income on the support guidelines?

1 Answer | Asked in Child Support, Divorce and Family Law for Massachusetts on
Answered on Aug 15, 2017

Hello, No, you do not include the child support you are receiving involving the same children. You should be aware that there are new Child Support Guidelines going into effect in September which you should look at and they are posted on the Mass.gov website. They take into consideration a number of factors which can definitely affect the Court's determination of what support you would be paying.
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Q: I filed for divorce in 2014. We reconciled in 15. Big Mistake. I need to ref file again. Married for 25yrs.Theres more.

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 15, 2017

If you got divorced in 2014, then this is a 2 year marriage.

Since you did divorce in 2014, you need to take the same steps again.
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Q: Been separated for over 13, years 1child over 25 no community property or assets what if anything is my ex entitled to

2 Answers | Asked in Divorce for Illinois on
Answered on Aug 14, 2017

A lot of things are factored in, including length of marriage.
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Q: Husband made fake DNA test photo shop on a child that's not his signed the doc's name would that be a felony thanks Shan

1 Answer | Asked in Criminal Law and Divorce for Ohio on
Answered on Aug 14, 2017

Forgery is a 5th degree felony.
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Q: Once a process server serves a spouse with divorce papers in PA, what happens next if the spouse being served contests?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 14, 2017

Assuming you're referring to service of the divorce complaint, no, it's not automatic. There are waiting periods and many more papers to be filed.
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Q: My husband has wrong dates of residence in the divorce papers, can case get thrown out?

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Aug 14, 2017

You asked a similar question. The answer is that no, the divorce will not be thrown out because at least one of you was a resident for at least six months. The custody aspect of it may be a bit more problematical. I think it's time for you to have a face to face meeting or telephone consultation with an experienced family law attorney.
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Q: My husband filed for divorce in PA. I was not a resident of PA for 6 months, can case get thrown out?

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Aug 14, 2017

No, the statute only requires that one of you be a resident for six months or more.
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Q: My wife filed for divorce and now will do nothing concerning the divorce. What can I do?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Aug 14, 2017

Honestly, those of us on this site are not in the business of second-guessing counsel for the questioner. I suggest that you meet with your attorney to discuss other options, if any.
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Q: How do you go about a divorce when you are the only income coming in and do not have money to pay a lawyer

1 Answer | Asked in Divorce for Ohio on
Answered on Aug 14, 2017

You can file with the court to waive the filing fee, and you can ask the court to have your spouse pay your attorney fees. Use the Find a Lawyer tab to talk to some local divorce attorneys who will work with you to get the divorce started.
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Q: I recently got a recorded message to contact someone regarding my ex-husband's estate.

1 Answer | Asked in Divorce and Probate for Ohio on
Answered on Aug 14, 2017

Your husband could have forgotten to change your name as a beneficiary on a life insurance policy or some other account. Quit worrying and call to find out the purpose of the call.
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Q: Is there any such thing as "the bare minimum" in child support payments? My boyfriend's ex keeps telling his kids that.

1 Answer | Asked in Divorce and Child Support for Louisiana on
Answered on Aug 14, 2017

The lowest child support payment under the child support guidelines is 100 per month, however this can be deviated from if the parties entered into a consent judgment. Also, a party can file a motion to modify child support if they can show a material change in circumstances.
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Q: My fiancés estranged wife threatened to "get a shot gun" and blow my brains out. Should I take this as a viable threat?

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Maryland on
Answered on Aug 14, 2017

This is not something to take lightly. You should apply for a peace order and also make a police report.
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